RAVI Vs. STATE OF M.P.

JUDGEMENT

(1.) SINGLE point submission of Shri Ahadullah Usmani, the learned counsel for the appellant, on the strength of the dictum of the Apex Court, in the case of Pashora Singh and another v. State of Punjab, reported in AIR 1993 SC 1256, without challenging the appellant's conviction under section 326, of the IPC, is that the jail sentence of RI for 3 years, awarded by the trial Court, in view of the pendency of the case for the last about 10 years, be reduced to the period already undergone by the appellant, which is about four months.

(2.) APPELLANT Ravi @ Rauwa stands convicted under section 326 IPC, for causing grievous hurt to complainant Hamid Khan (PW 5), by means of a knife, in the morning of 10.3.1988. The appellant is said to have caused only one injury on the chest region of the complainant. It is apparent from the record that the appellant has already remained in jail for a period of about 4 months in two installments; one after his initial arrest and then after his conviction. The appellant is on bail for the last about 10 years.

(3.) FOR the foregoing reasons, the appeal is allowed in part. Though the appellant's conviction under section 326, of the IPC, and sentence of fine of Rs. 100/ - is affirmed, but the jail sentence of RI for 3 years, for the reasons mentioned hereinabove, is reduced to the period already undergone by the appellant, which in the present case is about 4 months.